Garrigues v. Coxe
Supreme Court of Pennsylvania
T HIS was an action upon a policy of insurance for 600 dollars, upon the brig Malleville valued at 2000 dollars, at and from Cape Francois to Philadelphia. The policy was effected on the 11th December 1801, and contained the following special memorandum. “ If the above vessel, after a regular “ survey, should be condemned for being unsound or rotten. “ the underwriters shall not be bound to pay their subscrip- “ tions upon this policy.”
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T HIS was an action upon a policy of insurance for 600 dollars, upon the brig Malleville valued at 2000 dollars, at and from Cape Francois to Philadelphia. The policy was effected on the 11th December 1801, and contained the following special memorandum. “ If the above vessel, after a regular “ survey, should be condemned for being unsound or rotten. “ the underwriters shall not be bound to pay their subscrip- “ tions upon this policy.” The declaration set forth, that on the 11th November 1801, while the brig was proceeding on her voyage, she sprung a leak, and was by and through the mere…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman C. J.
In this cause, as in many others, we feel the loss of our brother Smith. As the cause was tried before me, it was not my intention to give any opinion, but in case of necessity. It has now become necessary. I shall only say, however, on the points of law, that I have found no reason to alter the opinion delivered on the trial; and in that opinion judge Brackenridge concurs with me. The law being settled, the merits of the case rest on the facts, whether the vessel was in proper condition at the time the injury from the rats took place,…
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- Fleming v. Marine InsuranceSupreme Court of Pennsylvania · 1842
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1810
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